Clause 1
Justice and Security (Northern Ireland) Bill
10:45 am
Laurence Robertson (Shadow Minister, Northern Ireland; Tewkesbury, Conservative)
I shall speak to amendment No. 10 and consequential amendments Nos. 12, 13 and 14, which although worded slightly differently are not entirely inconsistent with amendment No. 1, which is why they are grouped together.
The history of trial by jury has formed a central part of law in this country; we are entitled to be judged by our peers. We should not discard that without very careful thought. It is said that there have been special circumstances in Northern Ireland and that it has been difficult to find 12 people to pass judgment. Indeed, it is felt that many people have escaped justice because of the intimidation not only of jurors but of potential witnesses. If we accept that, then another way of looking at it is to say that to have non-jury trials in such circumstances will add to the resentment that is felt by many in Northern Ireland. That would be very unfortunate.
Therefore, I welcome this small step forward, because there is now a presumption that there will be a jury trial whereas previously the presumption was that there would not be one in certain circumstances. My concern is that the certificate is to be issued by the Director of Public Prosecutions. This is not a personal matter, but it strikes me as a little incestuous if the person responsible for carrying out the prosecution is also to determine the type of court that will try the case. It seems far better to take the matter to a neutral person—the Lord Chief Justice of Northern Ireland, as we suggest.
I have not heard the Government’s explanation for the measure, but it is not very judicial that the person charged with bringing the prosecution can, in effect, make up his own rules. That is why I propose that the Lord Chief Justice should issue the certificate, and I look forward to hearing the Minister’s explanation as to why he has not gone down that road.